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Journal of the Senate

Of the

STATE OF VERMONT

BIENNIAL SESSION, 2007

________________

Wednesday, January 3, 2007

Pursuant to the provisions of the Constitution and the laws of the State of Vermont, the Senate convened at the State House at Montpelier, on the first Wednesday, after the first Monday, the third day of January in the year of two thousand seven.

At ten o’clock in the forenoon, eastern standard time, the Senate was called to order by the President, Lieutenant Governor Brian E. Dubie.

Devotional Exercises

Devotional exercises were conducted by the Reverend David M. Hall of Montpelier.

Pledge of Allegiance

The President then led the members of the Senate in the Pledge of Allegiance.

Roll Call

     The roll of the Senate was thereupon called by the Secretary, David A. Gibson, and it appeared that the following Senators were present.

     Addison District                                              Senator Claire D. Ayer

                                                                                         Harold W. Giard

     Bennington District                                          Senator Richard W. Sears, Jr.

                                                                                         Robert M. Hartwell

     Caledonia District                                            Senator George R. Coppenrath

                                                                                         M. Jane Kitchel

     Chittenden District                                          Senator James C. Condos

                                                                                         Edward S. Flanagan

                                                                                         Virginia V. Lyons

                                                                                         Hinda Miller

                                                                                         Douglas A. Racine

                                                                                         Diane B. Snelling

     Essex-Orleans District                                     Senator Vincent Illuzzi

                                                                                         Robert A. Starr

     Franklin District                                              Senator Donald E. Collins

                                                                                         Sara Branon Kittell

     Grand Isle District                                           Senator Richard T. Mazza

     Lamoille District                                              Senator Susan J. Bartlett

     Rutland District                                          Senator       William H. Carris

                                                                                         Hull P. Maynard, Jr.

                                                                                         Kevin J. Mullin

     Washington District                                         Senator Ann E. Cummings

                                                                                         William T. Doyle

                                                                                         Philip B. Scott

     Windham District                                            Senator Peter E. Shumlin

                                                                                         Jeanette K. White

     Windsor District                                              Senator John F. Campbell

                                                                                         Richard J. McCormack

                                                                                         Alice W. Nitka

Oath Administered

     The Senators-elect were duly sworn by the Secretary and severally subscribed the oath of office.

Election of Officers

     The President announced that the next order of business was the election of officers, and that nominations for Secretary were in order:

Senator Campbell of Windsor District nominated

DAVID A. GIBSON

of the Town of Brookline.

     Senator Scott of Washington District seconded the nomination.

     There being no further nominations, on motion of Senator Shumlin, the nominations were closed and the Assistant Secretary was instructed to cast one ballot for

DAVID A. GIBSON

of the Town of Brookline, as Secretary of the Senate for the two years next ensuing.

     Thereupon, he presented himself at the bar of the Senate and received the oath of office from the President.

Election of President Pro Tempore

     The President then announced that the next order of business was the election of a President pro tempore.

Senator Campbell of Windsor District nominated

PETER E. Shumlin

of Windham District.

Senator Snelling of Chittenden District seconded the nomination.

     There being no further nominations, on motion of Senator Campbell, the nominations were closed and the Secretary was instructed to cast one ballot for

PETER E. Shumlin

of Windham District as President pro tempore of the Senate for the two years next ensuing.

     Thereupon, he presented himself at the bar of the Senate and received the oath of office from the President.

Election of Third Member of Committee on Committees

     The Senate then proceeded to the election of a Senator to serve with the President and President pro tempore as a member of the Committee on Committees, which appoints the standing committees of the Senate.

Senator Scott of Washington District nominated

RICHARD T. MAZZA

of Grand Isle District.

Senator Sears of Bennington District seconded the nomination.

     There being no further nominations, on motion of Senator Shumlin, the nominations were closed and the Secretary was instructed to cast one ballot for

RICHARD T. MAZZA

of Grand Isle District to serve with the President and President pro tempore as a member of the Committee on Committees.

     Thereupon, he presented himself at the bar of the Senate and received the oath of office from the President.


Appointments

The President announced the appointment by the Secretary of

STEVEN D. MARSHALL

of Swanton, as Assistant Secretary of the Senate, and he presented himself at the bar of the Senate and received the oath of office from the Secretary.

The President announced the appointment by the Secretary of

VANESSA J. DAVISON

of Hardwick, as Journal Clerk, and

PRISCILLA L. ALEXANDER

of Montpelier, as Calendar Clerk, and

ROXANNA T. QUERO

of Montpelier, as Office Assistant.

The President announced the appointment of

MARTHA G. HANSON

of St. Johnsbury , as Administrative Assistant to the incoming President.

Senate Resolutions Adopted

     Senate resolutions of the following titles were severally offered, read and adopted, and are as follows:

   By Senator Shumlin,

     S.R. 1.  Senate resolution relating to the rules of the Senate.

Resolved by the Senate:

     That the Senate be governed by the Rules of the Senate of the 2005 biennial session, as adopted in 1989, with amendments of 1997, 2003 and 2004, as far as applicable until others are adopted.

   By Senator Doyle,

     S.R. 2.  Senate resolution relating to appointment of a committee to inform the Governor of the organization of the Senate.

Resolved by the Senate:

     That a committee of two Senators be appointed by the President to wait upon His Excellency, the Governor, and inform him that the Senate has organized and is ready on its part to proceed with the business of the session.

   By Senator Mazza,

     S.R. 3.  Senate resolution relating to informing the House of the organization of the Senate.

Resolved by the Senate:

     That the Secretary be directed to inform the House of Representatives that a quorum of the Senate has assembled and organized by the election of David A. Gibson, of Brookline, as Secretary, and Peter E. Shumlin, a Senator from Windham District, as President pro tempore, and is ready on its part to proceed with the business of the session.

Joint Resolutions Adopted on the Part of the Senate

     Joint Senate resolutions of the following titles were severally offered, read and adopted on the part of the Senate, and are as follows:

   By Senator Illuzzi,

     J.R.S. 1.  Joint resolution relating to joint rules.

Resolved by the Senate and House of Representatives:

That the joint rules of the Senate and the House as adopted in 2005 be adopted as the joint rules of this biennial session until others are adopted.

   By Senator Condos,

     J.R.S. 2.  Joint resolution to provide for a Joint Assembly to receive the report of the committee appointed to canvass votes for state officers.

Resolved by the Senate and House of Representatives:

That the two Houses meet in Joint Assembly on Thursday, January 4, 2007, at ten o'clock in the forenoon to receive the report of the Joint Canvassing Committee appointed to canvass votes for Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts and Attorney General, and if it shall be declared by said Committee that there had been no election by the freemen of any of said state officers, then to proceed forthwith to elect such officers as have not been elected by the freemen.

   By Senator Doyle,

     J.R.S. 3.  Joint resolution to provide for a Joint Assembly to hear the inaugural message of the Governor.

Resolved by the Senate and House of Representatives:

That the two Houses meet in Joint Assembly on Thursday, January 4, 2007, at two o’clock in the afternoon to receive the inaugural message of the Governor.

Joint Resolution Placed on Calendar

J.R.S. 4.

Joint Senate resolution of the following title was offered, read the first time and is as follows:

   By Senator Shumlin,

     J.R.S. 4.  Joint resolution relating to Town Meeting adjournment.

Resolved by the Senate and House of Representatives:

     That when the two Houses adjourn on Friday, March 2, 2007, or Saturday, March 3, 2007, it be to meet again no later than Tuesday, March 13, 2007.

Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Committee Appointed

     Pursuant to the provisions of S.R. 2, the President appointed a Committee to wait upon His Excellency, the Governor, to inform him that the Senate is ready on its part to proceed with the business of the session:

                                              Senator Shumlin

                                              Senator Doyle

Report of Committee

     Senator Shumlin, of Windham District, for the Committee appointed to wait upon His Excellency, the Governor, to inform him that the Senate is ready on its part to proceed with the business of the session, appeared at the bar of the Senate and reported that it had performed the duties assigned to it.

Canvassing Committee Elected

     The President nominated as a committee on the part of the Senate to canvass votes for state officers,

                                              Senator Ayer, of Addison District

                                                           Hartwell, of Bennington District

                                                           Coppenrath, of Caledonia District

                                                           Condos, of Chittenden District

                                                           Illuzzi, of Essex-Orleans District

                                                           Kittell, of Franklin District

                                                           Mazza, of Grand Isle District

                                                           Bartlett, of Lamoille District

                                                           MacDonald, of Orange District

                                                           Carris, of Rutland District

                                                           Cummings, of Washington District

                                                           Shumlin, of Windham District

                                                           Nitka, of Windsor District

     Thereupon, Senator Shumlin moved that the nominees be elected by the Senate, which was agreed to.

     Thereupon, the President declared the nominees elected, and the Committee so elected received the oath of office from the Secretary.

     The President designated Senator Condos, of Chittenden District, as Chair of the Joint Canvassing Committee to canvass votes for state officers.

Message from the House No. 1

     A message was received from the House of Representatives by Mr. Milne, its Clerk, as follows:

Mr. President:

     I am directed to inform the Senate that a quorum of the House has assembled and organized by the election of

Gaye R. Symington

the Representative from Jericho, as Speaker, and

Donald G. Milne

of Washington, as Clerk, who in turn has appointed William M. MaGill of Montpelier as First Assistant Clerk and BetsyAnn M. D. Wrask as Second Assistant Clerk, and is ready on its part to proceed with the business of the session.

Message from the House No. 2

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has considered joint resolutions originating in the Senate of the following titles:

J.R.S. 1.  Joint resolution relating to joint rules.

J.R.S. 2.  Joint resolution to provide for a Joint Assembly to receive the report of the committee appointed to canvass votes for state officers.

J.R.S. 3.  Joint resolution to provide for a Joint Assembly to hear the inaugural message of the Governor.

And has adopted the same in concurrence.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until nine o’clock and thirty minutes in the morning.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us